Rita Campos could spend up to a year in jail for causing the
death of a Gilroy cyclist in a traffic accident, even though she
might have been stopped when the collision happened, according to
police reports.
Rita Campos could spend up to a year in jail for causing the death of a Gilroy cyclist in a traffic accident, even though she might have been stopped when the collision happened, according to police reports.

The death of Bruce Finch, 58, also prompted a civil wrongful death lawsuit filed by the cyclist’s family, against Campos and other parties who allegedly contributed to the accident by placing obstacles to the motorist’s view on the intersection’s right-of-way.

Campos, 60, of Morgan Hill, pleaded not guilty to the charge of misdemeanor vehicular manslaughter in July, and she thinks the accusation is unfair and “totally wrong.” Regardless of what the court finds, Campos could be forced to pay hefty damages to Finch’s family as a result of the civil lawsuit.

Finch suffered a broken neck and severed spinal cord after the impact with Campos’ 1997 Honda Civic at the intersection of Uvas and Little Uvas roads west of Morgan Hill Oct. 5, 2008. He was pronounced dead at the scene.

Following an investigation that was complicated by conflicting witness statements, the California Highway Patrol recommended the manslaughter charge, which was filed in January. The maximum sentence for such a charge is one year in county jail, according to Amy Cornell, a spokeswoman for the Santa Clara County District Attorney’s Office.

Campos is baffled by the charge, as she says her vehicle was stationary when Finch struck her. She was facing east at the stop sign, preparing to make a northbound left turn. After stopping behind the painted white limit lines, she was unable to see oncoming traffic so she slowly pulled further into the intersection, Campos said. As she was looking to the south to see if any cars were coming, she heard an impact on the left side of her car, and looked up to see Finch sliding across her hood.

“I didn’t see him coming. The next thing I knew I heard the ‘bang.’ The bike went one way, (Finch) went the other way, a piece of my fender went the other way,” Campos said.

The CHP investigation determined that Campos stopped behind the limit lines, then pulled forward without yielding to Finch, who had the right-of-way. She remained at the scene, and tried to help Finch before paramedics arrived by covering him with a blanket and placing a pillow under his head.

Per state traffic law, motorists must stop behind the limit lines at all stop signs and red lights. If the driver cannot see if traffic is coming after stopping behind the lines, he or she can pull forward slowly and “safely” until they can see, according to CHP spokesman Matt Peters.

That’s what Campos said she did. Furthermore, the CHP investigation says that Campos moved her vehicle backwards several feet after the collision, which she denies. The CHP’s conclusion is based largely on an accident re-creation, in which officers operated her car to determine its position at the point of impact. According to the report on the re-enactment, Finch could not have struck Campos’ vehicle where it was stopped when officers arrived on the day of the accident. Thus, her vehicle was slightly protruding into the southbound lane of Uvas Road in which Finch was traveling, according to the CHP.

However, two witnesses who were passing by and stopped within minutes of the accident, before any emergency personnel arrived, said they did not see Campos move the vehicle. The witnesses did not see the collision, but police say one of them claimed to have stopped to assist Finch less than a minute after it happened.

The accident was only re-enacted from Campos’ point of view. Finch’s point of view was not considered in the investigation because he had the right of way and no traffic control devices or signs. Peters said the investigation found that the first point of impact was two feet into the southbound lane.

“That puts him well enough into the lane that swerving into the car (for example) wasn’t the issue,” Peters said. “Everything indicates her pulling out in front of him.”

CHP officers also interviewed witnesses who knew Finch and rode bicycles with him regularly, but not during the Oct. 5 accident. They, as well as Finch’s wife, said he had always been a cautious cyclist who followed traffic laws.

Police did not interview anyone who knows Campos to determine her driving habits. Campos, whose license is suspended as a result of the accident, said she did not have any traffic violations on her record.

Obstructing her view, Campos said, was the “mess” of signs and a utility pole placed at the corner next to the intersection.

“I couldn’t see anything,” Campos said.

The signs, according to the lawsuit filed in Santa Clara County Superior Court in February, belonged to Alain Pinel Realtors, Inc., and the utility pole was constructed and maintained by PG&E.

The obstacles were on the southern corner of the intersection, and the complaint says because they blocked Campos’ view to the right, she had to pull her car further into the intersection in order to see. That resulted in dangerous traffic conditions that proved fatal in this incident, the complaint says.

The CHP also found that because of the utility pole and signs, the view onto Uvas Road from behind the limit lines on Little Uvas Road was partially obstructed.

The lawsuit does not specify a dollar amount for damages sought by Finch’s wife and daughter. The family’s attorney, Mike Shea, Sr., said they will be seeking damages for the “economic loss … which are basically (Finch’s) wages that were lost because of his death.” Finch was an electrical engineer at ITT Corp. in Morgan Hill.

Furthermore, Shea said the victim’s wife Carolyn Finch is entitled to reimbursement for “the loss of care and comfort they had in their marriage.”

PG&E has not yet filed a response to the complaint, and declined to comment.

“This is a tragic accident, and our thoughts and prayers are with the Finch family,” said PG&E spokeswoman Jennifer Zerwer.

Alain Pinel Realtors did not return phone calls requesting comment.

Campos said her insurance company has told her that it will cover the punitive damages, but no formal agreement or payout has been made.

The status of Campos’ legal representation is currently in limbo. Campos, a massage therapist, can no longer afford the private attorney she initially hired, and will now likely seek representation from the public defender’s office for her next hearing Sept. 17.

“I don’t feel like anybody’s helping me, and I didn’t do anything wrong,” Campos said.

TIMELINE OF EVENTS

– 9:45 a.m., Oct. 5, 2008: Bruce Finch dies when his bicycle strikes a car driven by Rita Campos at Uvas and Little Uvas roads west of Morgan Hill.

– Jan. 2009: CHP completes its investigation, finding Campos at fault.

– Feb. 2009: The Santa Clara County District Attorney charges Campos with misdemeanor vehicular manslaughter.

– Feb. 19, 2009: Finch’s wife and daughter file a wrongful death lawsuit against Campos. Also named are Alain Pinel Realtors who owned temporary signs placed near the intersection, and PG&E who constructed a utility pole at the location, allegedly blocking motorists’ view.

– July 7, 2009: Campos pleads not guilty.

– Sept. 17, 2009: Pre-trial conference is scheduled at South County Courthouse.

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